17.7.3 Improper Purpose as a Primary Motivation.

• Jurisdiction: Arizona

17.7.3 Improper Purpose as a Primary Motivation. It is not enough that the defendant gained “some secondary gain or emotional satisfaction” from the court process¾a plaintiff must allege and show that the primary purpose of the defendant’s use of the court process was to pursue the defendant’s improper purpose.⁶¹

A claim for abuse of process cannot be maintained where the defendant has used a process for an “authorized or intended purpose” even if the defendant’s motivation is improper.⁶² That is, “[w]here a lawful end is pursued by appropriate process, incidental motives of spite or greed are not actionable.”⁶³

A mere mistake, made in good faith, resulting in the...